SUPREME COURT

Dominion, Volume 12, Issue 223, 14 June 1919, Page 5

SUPREME COURT

CUSTODY OF TWO CHILDREN

A FATHER'S APPEAL

An unusual case of habeas corpus came beforo His Honour Mr. Justice Edwards in the Supreme Court, when Bobert Stewart applied for a writ of habeas corpus in respect of his two children,' who wore in tho custody of their aunt, Catherine Eebecca Latham.

Mr. B, H. Webb appeared for the applicant, ami Mr. M. J. Cronibie appeared to oppose. Mr. Crombie, in opening, said that Catherine Eebecca Latham was tho sister of the late -\lrs. Stewart, wife of the applicant, and mother of tho two children, who had been in the custody of Mrs. Latham since October laet. Mrs. Stewart died in December last, and the arrangement was that Mrs. Latham should continue the custody of the children, and this was confirmed by the applicant. Mrs.-Stewart left a will appunitinc Mrs. Latham to bo the guardian of'the children. The children had been well cared for, and everything was satisfactory' until recently, when the applicant niado a demand for the children, which was refused. The reasons why tho applicant was regarded as unfit' ted to t>9 the guardian of the children, it was alleged, were that he .was addicted to' liquor and was prone to uso filthy language,- and the children were afraid of him. Jh\ Crombie contended that in a matter of this kind the welfare of the children was the first consideration, andIw submitted that the Court could give effect to sections 4 and G of the Infants' Protection Act. 1008, in respect to the guardianship of the children. Catherine Eebecca Latham, iwife of Thomas William Latham, blacksmith, Hutt. said the children were placed in her custody by their mother, who was her sister, in October last, and Robert Stewart, the father, knew all about tho arrangement. Mrs. Stewart died on December 10, 1918., Witness was anxious to retain the custody of the for that was the dying request of her sister. The father had been afforded every opportunity of seeing tho children, and did frequently see them at week-ends. Witness declared that the applicant was addicted to drink and was jriven to using filthy language. If the children remained with her their father could, have nil reasonable oppor-. tunities of Fein? them. _-;The children were. being brought up in the Roman Catholic faith, which was their mother's religion. ' . To Mr. Webb: She received a- letter demanding the return of the children, who were to be placed in the Presbyterian Orphanage at Island Bay. The transfer was to take place on April 29 last, but she refused to part with the children. , If filie were allowed to retain custody of the .children «lie would not consent to them lioincr brought up as Protestants. They had beiin christened in the.Catholic Church during the time of t!ip influenza epidemic. Stewart was tnld of the christening after it had taken 1.-lace. -Mr. Webb said that.Stewart lad made ),rran?ements for the children to enter the Presbyterian Orphanage at Island Bay.

His Honour ordered the children to be handed, over to their father, with £12 12s. costs and disbursements.